Littleton board wary of developer's sewer plans

By Hiroko Sato, hsato@lowellsun.com

Updated:
01/11/2013 06:36:38 AM EST

LITTLETON -- The town's tentative sewer-easement agreement with Omni Properties, which is developing dozens of acres near the Acton border, could generate an estimated $1.2 million in municipal revenue if all goes as proposed.

But in Planning Board member Don MacIver's eyes, the deal that would allow Omni to construct a private wastewater-treatment plant at the 190-unit affordable-housing complex it is proposing off Great Road and tie all other developments around it to the system spells nothing but trouble for the future.

If something goes wrong with the plant, owners of single-family homes that are on the sewer system could find themselves having no control over the problem, MacIver said.

Then, "the town would have to swoop in and help out," MacIver said.

William Murray, consultant for Omni, said all homeowners will be equally in control of the sewer plant. But Planning Board Chairman Mark Montanari wants to make sure The Orchards, the 19-lot single-family subdivision proposed by Omni, can be developed without relying on the sewer plant next door.

Louis Levine, attorney for Omni, wants the board to know that the agreement is the result of Omni's good-faith negotiation with the town's negotiators, fully aware of the developer's right under state law to build such a sewer plant, which the Zoning Board of Appeals is reviewing.

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If the town goes against the construction of the plant, "I would suggest we have every right in the world to appeal the decision," and the town would face "a whole bunch of litigation," Levine said.

The Planning Board's public hearing on The Orchards drew a standing-room-only crowd Thursday night. The proposed open space subdivision calls for connections to the sewer-treatment plant mainly designed for the large apartment complex, which would make 13.9 percent of Littleton's entire housing stock affordable, far surpassing the 10 percent affordability requirement under state law. Several other single-family lots that Omni plans to develop near the complex would also be tied to the sewer plant, but Omni must secure an easement over public roads to make the sewer plan a reality.

Planning Board member Richard Crowley expressed his support for the town's agreement with Omni, saying such a facility serving an entire neighborhood would be environmentally better than having sewer pumps for each home.

But the majority of board members spoke against tying the single-family lots to the apartment complex's plant. Some board members also expressed their reservation about allowing the project as an open-space subdivision, saying it would leave little useful open space for recreational purposes.

Resident Henry Christle agreed with MacIver that malfunctioning of the sewer system could force the town to step in and repair it in the future. Resident Chris Simone also noted that the agreement with Omni should require the apartment units to remain rental units in perpetuity so that the town will not lose any of its affordable units.

The Planning Board will continue the hearing Jan. 31 at 7 p.m. at Town Hall.

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